No bail as Guaman pleads not guilty in death of Matthew Denice

The man who police say was drunk when his truck struck and killed Matthew Denice in Milford in August pleaded not guilty yesterday to charges in connection with Denice's death.

By Brian Benson/Daily News staff

Milford Daily News

By Brian Benson/Daily News staff

Posted Nov. 1, 2011 at 12:01 AM
Updated Nov 1, 2011 at 1:15 AM

By Brian Benson/Daily News staff

Posted Nov. 1, 2011 at 12:01 AM
Updated Nov 1, 2011 at 1:15 AM

WORCESTER

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The man who police say was drunk when his truck struck and killed Matthew Denice in Milford in August pleaded not guilty yesterday to charges in connection with Denice's death.

Worcester Superior Court Judge James Lemire ordered Nicolas Guaman, 34, of 10 Cherry St., Apt. 1, Milford, held without bail and required that he turn over his passport to police.

Speaking though a Spanish interpreter, Guaman pleaded not guilty to second-degree murder, manslaughter while driving, motor vehicle homicide (while under the influence), wanton or reckless behavior causing risk of serious bodily injury to a child, leaving the scene after a collision causing death, failing to stop for police and driving without a license.

On Aug. 20, police arrested Guaman, an illegal immigrant from Ecuador, after the pickup he was driving struck a motorcycle driven by Denice, 23, of Milford. The truck dragged Denice's body a quarter of a mile.

Guaman had his 6-year-old son in the pickup, police have said.

Guaman had been charged in Milford District Court with negligent vehicular homicide while driving under the influence of liquor and other less serious charges. A grand jury indicted Guaman on more serious charges last month, including second-degree murder.

Guaman had been held on $100,000 cash bail. Assistant District Attorney Jeffrey Travers asked yesterday that Guaman be held without bail based on the elevated charges and Guaman's status as an illegal immigrant.

Immigration and Customs Enforcement has a warrant to keep him in custody, Travers said.

Peter Ettenberg, Guaman's court-appointed lawyer, did not object to Travers' requests about bail and surrendering a passport.

Milford Police Chief Thomas O'Loughlin said the department seized Guaman's Ecuadorean passport early in the investigation.

"I'm pleased the judge put no bail on him," O'Loughlin said. "You have an indictment charging him with (second-degree) murder."

O'Loughlin said he worried that if Guaman posted bail he may flee to Ecuador, which does not have an extradition agreement with the United States.

Revoking bail was the right thing, agreed Maureen Laquerre, whose brother, Richard Grossi, died from injuries he received in a car accident in Milford in which an illegal immigrant from Portugal was charged.

"I didn't think $100,000 was enough," said Laquerre, who lives in Bellingham.

Maria Leite, the woman charged in Grossi's 2009 death, was deported before the court process was completed. Laquerre said she hopes Guaman serves many years in jail.

"I'm glad they are moving forward," she said. "I hope it's not a prolonged process...and hopefully a different outcome as well."

About 15 of Denice's friends and relatives attended the arraignment. They said they did not want to comment.

Outside the courtroom, Denice's mother, Maureen Maloney, stepfather, Michael Maloney, and brother, Michael Denice, hugged people who came to offer their support.

Page 2 of 2 - Guaman is expected back in court for a pretrial conference Dec. 15. Ettenberg, his lawyer, declined to discuss the case after the arraignment.

Brian Benson can be reached at 508-634-7582 or bbenson@wickedlocal.com.